RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1026, 21 January 1882, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Thursday, 19th January, 1882. [Before M. Price, Esq., R.M.] Ann White, recalled, cross-examined by Mr Finn : Did not state to any one between the 24th December and lltli January that Mr White intended to desert me. Did lay an information to that effect. Re-examined: Did not handle the box from 24th December until the lltli of January. Saw the box on Christmas Day and on the 10th of January, but not between those dates. Had about £l2 or £l3 altogether in the handkerchief. First found the box was not at Kennedy and Bennett’s on Saturday, the 7th of January. The Sergeant first shewed witness the money taken from accused and Mrs Sorry in the house of the accused. Did not leave the house until after the search. Went to Mrs Mullins’. Saw the Sergeant there, who showed witness coins that were found in accused’s possession. Could not remember seeing the two crown pieces any time during the last two years. By the Court: When accused got the box it was locked. Found the lock in good order when the box was returned. Knew the accused since her arrival at Roseland. Knew him in business to speak to him. The first time witness ever went into accused’s house was on the 24th December last. Never parted with possession of the key of the box in which the money was from the 24th December until 11th January. On 11th January opened the box with the key. A man came in with the Sergeant and picked the lock afterwards. Mr White did between 24th December and 11th of January break open the box in which witness had her keys locked. C. D. Bennett: I am a partner in the firm of Pitt and Bennett, auctioneers. I know the accused. I recollect, on the 6th January, having an auction sale at Makaraka. I did not see accused there. Some things were bought in his name; a horse was knocked down to him. Mr Pitt was the auctioneer. The accused paid £5 15s. for the horse on the day of the sale. Susan De Costa: I am an hotelkeeper. I know the accused. I recollect his calling at the Turanganui Hotel on the 26th December last. He said, “Mrs White has sent a box in, and she will come down in two or three days to stay with you until she leaves Gisborne.” The box was brought by Luke on the 26th December. After the box arrived I saw the accused on the 27th December. He saw r the box standing in the passage, and asked to have it put into a room. Witness promised him that it would be put into the bagatelle-room. He came again on the 29th, and said “ You have still got the box in the passage. Witness said it was perfectly safe there. Accused then said Mrs. White asked him to store it at Pitt and Bennett's, and that Mrs White was coming to stay at the hotel. Witness allowed him to take the box away. Was sure he said Pitt and Bennett’s, because if he said Kennedy and Bennett’s witness would have told one of the boys to

help with it to the store, which was close by. The box was removed in Luke’s cart. Cannot say if accused was present. He said Luke wouldcallforit. Next saw the box on the 13th January. Between the 29th December and the 10th January, saw accused at witness’ hotel. Did not know if witness had any conversation with the accused. He said the box was at Pitt and Bennett’s. On the 13th January, Luke brought the box again to witness’ hotel. A young man assisted him. Did not see accused then, nor any more after the return of the box on the 10th January. Cross-examined by Mr Finn: Witness was quite sure she saw accused on the 26th Dee., in the evening, about 7.30. Did not know what time he had arrived. AVas busy at the time. Accused must have spoken first- when he came into her hotel. Did not remember saying to him, pointing to a box in the passage, “ Did you send that box.” Recollected Mrs White coining to witness’ place on New’ Year’s Eve. She went straight to her bed-room. She asked George Burnand to have a drink. She asked witness also, not anybody else. Mrs White paid witness Is 6d for the drinks. Did not notice a pockethandkerchief in her hand. She did not at any time mention that she had money. Onlv saw a few shillings with her. She enquired if all her boxes were right the next morning the first thing when witness came down stairs. She asked after the box that came first. Told her it was not in the house ; that accused had taken it to Pitt and Bennett’s. She said what could have made him take it there. Mrs White said that accused told her, when he went to Makaraka. that witness was awfully careless about the box, and that accused advised Mrs White to send it to Kennedy and Bennett. Mrs White said, “ What a fool I am to be talked to by Sorry. 1 am sure it would be all right here.” Witness replied, of course it would. Witness showed Mr White the other three hoxes, and said “These are all right, and, of course, the other one would have been also.” Mrs White had not been in the habit of spending more than a few shillings at witness’ house. She might owe witness six or seven shillings for drinks. She asked witness once for a loan of £2 to pay Mrs Hansen, the dressmaker. Witness did not lend it. Mrs White was perfectly sober the whole time she was in witness’ house. She had only something to drink at meal time, with the exception of when she first came. If Mrs White said she only shouted for George Burnand when she first came, it is true. He was the only man there. Mrs White did not shout for witness when she first came. The three drinks were served up in the bed-room. George Burnand was carrying up the pareels. Re-examined : Sunday morning, the Ist Jan., was the first time Mrs White spoke to witness about the box. Cannot say what time of day the box was brought by Luke on the 26th Dec. Henry William Luke deposed he was a carter, residing at Gisborne. Saw the accused on the 26th Dec., at Makaraka. He asked witness to take down a box to Madame DeCosta’s. Accused was present when the box was put in the cart. Accused gave no special instructions about the box. On the 30th December, accused came to witness’ paddock at Makaraka, and said, “I want you to take that box you took to Madame DeCosta’s back again to my place, and not let Mr White see it, as he would take it off your cart.” The box witness took to Mrs DeCosta’s on the 26th December, he brought back to accused’s place on the 30th of Dec. Accused helped witness off with the box, but he was not present when the box was taken from Mrs DeCosta’s. Accused referred to the box as Mrs White’s box. Accused never claimed the box to be his. Edward Burch : I am a locksmith, a gunsmith, a jack of all trades, and reside in Gisborne, had known the accused for six years, He called upon witness about a month ago. Did not know the day of the month Chrisnmas day falls on. Remember Boxing Day. Did not know whether it was before or after Boxing Day that accused called on witness. Had an Aunt Sally on the racecourse on Boxing Day. Believed Boxing Day came after Christmas day. New Years day was the beginning of the year —the Ist of January. Thought Christmas Day came upon the 23rd of December. It came a week before the end of the year. When accused called on witness he asked if witness had any spare keys for box locks. Accused said he did not know how he could manage as the box was locked, and he (accused) could not bring down the box. Witness said to accused “ Mr Sorry I can shew you how to open it, and when you have taken off the lock, bring the lock to me, and 1 will fit you a key.” Accused said “ yes that will do.” Witness then made him a lock-pick—-took a lock, and showed him how to use it. Accused then went away. Had not heard anything of the lock since, whether he picked thelock or not. Next saw accused about a week after at his own house, at Makaraka. He said nothing about his box, key or lock. A pick-lock is a piece of wire bent; so as to open a lock, but it must be made according to the size of the lock. Could make a pick-lock that would open 150 locks in Gisborne, because most common locks are made about the same size. Could make a pick-lock without seeing a lock. Made the pick-lock for accused that he might open the lock, take it off, and bring it to witness. Accused asked

witness for a key to open a box that was locked. Had a conversation with the Sergeant of Police. The result of an amateur opening a lock, with a pick-lock, would be that he would leave scratches of the pick on parts of thelock, where the pick ought not to go. It would be impossible for a key to leave the same kind of marks on the inside of the lock, on the tumblers, that a pick would leave. Should put an amateur down as a person who is learning. In consequence of what the Sergeant of Police said, witness went to the hotel kept by Madame DeCosta a week ago to-day. Went through the. kitchen with the Sergeant into the bed-room. Mrs DeCosta went in with us. Saw a box, and unlocked it by direction of the Sergeant of Police. Took the lock off the box. Found scratches on the tumbler, made by a pick. There were five scratches. They would be made by not striking the tumbler correctly, but going over the top of it. AVitli the pick witness gave the accused, a person who knew how’ to manage it should not make the scratches, unless he made a slip. Did not think an expert had made the scratches. Did not know of any one in Gisborne, but myself, who could pick a lock. The scratches witness saw on the lock at Mrs DeCosta’s might have been made one day, or six mouths There would bo no difference in either appearance, unless they were tilled with dirt or rust. The scratches on the lock are clean. Accused did not describe the lock when he came to witnesses shop. He did not give the size of the lock.

Reginald James Hayllar : AVas in Mr Lukes employ, called at accused’s house on the 10th of January, and brought a box from the shop of the accused to Madam DeCosta’s hotel. AVas told that it was Mrs AVhites box. Ann AVhite recalled : Recollected seeing Burch at the Turanganui Hotel with Sergeant Bullen. Saw him open a box with a pick, should know the box again, it is the one now in Court. It was picked on the 13th of January, and is the box witness delivered to the accused on the 24th of December, and that was returned on the 10th of January by Luke. Cross-examined by Mr Finn : The lock Burch took off was the same ho put on again. No person could get into wituesse’s room long enough to remove a lock, and put another one on. Did not remember tolling Sergt. Bullen that she gave money to Burnand, By the Court: Did not know whether Constable AValsh was present with Sergeant Bullen, as witness was greatly excited. Charles Anderson, sworn : Was a butcher residing at Makaraka. Supplied accused with meat. At the end of last year there was a balance accused owed witness of £B. AVitness asked him to square up about the 4th of January. He gave witness £1 on the 9th or 10th of this month. Cross-examined by Mr F'inn : Did not think accused had stolen the money. The accused is a blacksmith and wheelwright, ami appeared to do a good business. AVas not wonderful to see him with a few pounds. Francis Thomas Hewett Bullen : I am Sergeant of Police, stationed in Gisborne. Know the accused and Mr AVhite. A robbery was reported on the morning of the 11th inst. After making enquiries, proceeded to Markaraka with Mrs AVhite, at onee, and searched the premises of the accused, Found a box ia the bed-room containing £4, notes; 10s, gold; and £2 15s 6d, in silver. The accused had £3 in notes, £1 10s in gold, consisting of 3 {-sovereigns, and 20s on his person. Mrs AVhite could identify nothing found in the house. AVitness then left saying to the accused, as he came away, that he was satisfied that accused had not the stolen property, at least in the house. Returned to Gisborne, and had another conversation with Mrs AVhite, who was then more composed, than she had been in the morning. Obtained further information of the property stolen, and resolved to go again and search the place Did so on the 12th inst., accompanied by Mrs AVhite' Found the antimacassar, now produced, in a box in the bed-room, which Mrs White claimed as hers. Elizabeth Hayes, usually known as Mrs Sorry, said “ AVhy you gave it to me.*’ Mrs AVhite denied it. Found in the same box the handkerchief, now produced, which is claimed by Airs AVhite, also the pillow-slips before the Court. Out of the same box, in a small paper box, took 4 one pound notes, 2 sovereigns, and 15s 6d. Accused handed witness £3 in notes, and 3 half-sovereigns, and 10s in silver. Mrs AVhite was searching some bags in a passage between two beds. The chest of drawers would then be behind her, and on witnesses side. She turned and came out, satisfied with the search then, as she got to the chest of drawers, she said “ Here’s one of my shirt studs. Where is the other.” Constable Walsh was in the room at this time. The woman Haye’s cried out at once “ You wicked woman, you put it there.” Mrs White replied as quickly “ You are a liar.” Mrs AVhite showed witness where she said she found the stud. It was on the top of the chest of drawers, on the end nearest to her as she came out of the passage between the two beds. AVitness did not search on the top of the chest of drawers at the time she said she found the studs. Made a further search and found nothing else. Showed the money to Mrs White. She said it was all hers, but she could only recognise the two 5s pieces.

Witness kept possession of the whole of the money. After searching sometime outside, asked accused how he became possessed of the money. Cautioned prisoner at the time in the usual way. Accused said that Mr Greene had paid him £lss on the 10th of January, and that two Maoris had paid him recently the sum of £4 15s. All the remainder of the money he had taken for jobs as they were done. He said Mrs AVhite had given him two of the half-sovereigns he produced on the Bth instant, and that the box had been brought back by Mrs AVhite’s order to Makaraka on the 4th instant. After that conversation with the accused went with Constable AValsh to Mrs Mullins’ house, where Mrs AVhite was. Showed Mrs White the pillowcase, antimacassar, shirt stud, handkerchief, and all the money found in the Imuso and taken from the accused. Told her to look at it well, aud tell if any of it was her property, and to bo careful of what she was doing, as it was a very serious matter. She then identified the pillow-slips and the other articles, after examining them closely, as part of her property, and money that was in the box which she had handed over to accused. She could not then fix the date further than that it was before Christmas. On the evening of the 12th instant witness arrested accused. On the evening of the 11th examined the box from which Mrs White alleged the things had been stolen. On the 13th January took Mr Burch to examine the box. Found it in Mrs AVhite’s bed-room. Burch picked it without any difficulty; took off the lock, the plate of it, aud shewed witness the works inside. The tumbler of the lock was marked and scratched exactly as the one produced in Court, and the lock is the same kind of lock. Cannot swear to it, as witness did not mark it. Mrs AVhite might possibly have put the stud where she said she found it without my seeing her. AVas not searching for jewellery, and any in the house might not have caught witness’s eye. On the 12th saw a silver locket in the house which was not there on the llth.

Cross-examined by Mr Finn : While the search was going on witness heard Mrs AVhite say tmt she did not give Burnand £l. Mrs AVhite and Mrs Hayes were there. Both ladies were using abusive language. The accused seemed the coolest of the crowd. This concluded the case for the prosecution. The accused, after haring been warned in the usual manner, pleaded not guilty, and then accused’s counsel proceeded to call evidence for the defence. The first witness wm Eliza Hayes, sworn, deposed she was a spinster, residing at Makaraka, in the house of the accused. Have lived with him fur 14 years. Know Mrs White. Recollect the 23rd Dec. A box was brought to the shop of the accused, which Mrs White claimed as hers. On the 27th Dec., I saw Mrs White. She came to the house of the accused a little after 8 o’clock. She remained until 12 o’clock. Shu brought half a bottle of brandy with her. She had two or three glasses out of it, and went home. Accused and witness saw her home, because she said it was rather dark, and she did not know the way. She got to the hotel and was locked out, and had to get in through the window. Saw her again on the 28th ; she stayed a short time ; and went away and came back to witness’ house again. Thought she came about her box ; accused wai present. M s White asked accused to bring her box back from Madame De Costa’s again. She said White had the key of the box, and was going to Madame’s. She (Mrs White) said, “For God’s sake do go, so that White would not, get it.” Accused asked Mrs White if ho should put it in Kennedy and Bennett’s. She said, “ If you put it there, put your own name upon it.” Accused said if he did she would not be able to get the box again. She then told accused to bring the box back again to his own place. She said she had nothing in the box of any value, except two deeds. Mrs White gave witness a small antimacassar as a remembrance of her when she was far away. That was on New Year’s Eve. S : e wanted witness to take a feather pillow. While in the bed-room Annie Sorry called. Mrs White gave hera little shell box. Mrs White said, “ I give you the shell box, and your mother the antimacassar. While Mrs White was with witness, Burnand came in and asked Mrs White if she was ready to go. She said no; she would not go with him. She asked Burnand to go and fetch a bottle of brandy. She gave him a note, which she got out of a handkerchief. She said she had £2OO in it, and that she had “ euchered Mr White.” Mr Burnand asked her to share it with him. She said, “ You be d d.” When Mrs White gave Burnand the note he said it was a £lO note. She looked in her handkerchief and said it was a £1 note. Burnand brought in two small flasks of brandy. Burnand and Mrs White had some. Witness had some lemonade, which was brought over. Mrs White would not leave, and asked accused, who then came in, if she could not stop there and sleep on the sofa. Accused said that he had no accommodation, and that she had better go with Burnand in the buggy. She offered a pound if accused would let her sleep there. Burnand said she hod better go with him, as Mr White had got. the buggy for her. She said if the accused would get her bonnet, portmanteau, and hat she would go. The accused went and got them. Mrs White, witness, accused, and Burnand started for Gisborne, and took her to Mrs De Costa’s. Recollected the Sergeant coming to the house of accused on a Friday. While the search was going on the Sergeant was looking in a little box on the bed. His back was turned. Witness saw Mrs White put her hand on the top of the drawers, and take it off again. As she put her hand up her hand was closed. She said “Here’s my stud ; where is the fellow of it ? Witness said she was a very wicked woman, as she (witness) saw her put it there. Mrs White called witness a liar. Witness said she was guilty ; she was trembling so much. Witness told the Sergeant to look at her pale face. Mrs White said she would give witness seven years washing shirts for the prisoner. The stud was not there before Mrs White put up her hand on the drawers. Had some money in a box. Got £4 from Mr C. D. Berry for a mare. The two ss. pieces she got from Mr Warren, the County Clerk. Believed he could recognise them. Got the third five-shilling piece from Parnell and Boylan’s. Mrs White’s money was wrapped up in a handkerchief. Witness could not identify it. Cross-examined by Mr Nolan : Accused and witness had lived as man and wife for 14 years. If accused said he brought the box back on the 4th January he must have made a mistake. Accused told witness Mrs White had left a box at his shop. Witness was standing at the door talking to the Engineer

two days before Christmas. Cross-examined by Mr Nolan : I was in the employ of Mr and Mrs White for about a month when she first came. Bought the material of the pillow slips two years ago from Coombs. Did not buy all of the kind that was in the shop. There was something peculiar about the stuff. Watched Mrs White’s hands because it occurred to witness that she might be putting something on the chest of drawers. Was certain Miss Hayes could have seen what was in Mrs White’s hands. Could not see Mrs White’s eyes, as her back was turned to witness when she put up her hand. | Annie Sorry, on her oath, deposed ; Was the daughter of the accused. Knew Mrs White and Eliza Hayes. Went on one occasion to White’s, at her father’s request, to tell Eliza Hayes to come home. The door was locked. Mrs White asked me in, and to sit down. Witness said, “ Thank you, I won’t sit; I was sent for Mrs Sorry.” Witness saw Mrs White giving Mrs Sorry a small antimacassar. Witness received a small shell box from Mrs White at the sa.ne time. She said it might “ make us remember her when she was far my.” That was said to the both of them. The pillow slips produced belonged to witness’ father. Recognized them by the hem and the tapes. The Court adjourned at a quarter past ten, until ten o’clock yesterday morning. Friday, 20th January. The examination for the defence was resumed this morning, by Mr Finn. George Burnand sworn deposed : I know Mrs White and the accused. I was in their company in December last, about the 28th or 29th. 1 drove them to Gisborne. We were in the accused’s house before that. I went there to bring Mrs White down to Madame DeCosta’s. Mrs White gave me a £1 note, to get a bottle of brandy with. She took the note out of a handkerchief ; the handkerchief was not tied up, but there was nwney —a quantity of silver in it. About £5 or £6. There were also coppers in it, and some notes. When Mrs White gave me the note, I said look out it is not a “ tenner.’’ She said, oh it is not that. I said I would not mind going her halves in what she had in her hand. She said she had any amount of money put by for herself. She said she had £2OO made to her own cheek. I said, look out it is not a tenner, for a lark. When we arrived at Mrs De Costa’s the place was shut up, but there were persons inside. We had drinks in Mrs White’s bedroom. She took the money from the handkerchief I had seen previously at prisoner’s house. We had two or three -drinks, and we all stuck to the same liquor. I had no conversation with Mrs White with reference to the £2OO, except that she said it was a bad job. By Mr Nolan: We were all joking and laughing in prisoner’s house on the evening I speak of. I inferred that Mrs White had put a certain of money away for herself. I gave her the change the note. J. Warren, called, deposed to having given two 5s pieces to Mrs Warren to pay to Mis Sorry. I noticed them particularly, but I can only state their dates. The reason I noticed them was in drawing my children’s attention to them before giving them to Mrs Warren. The coins produced are like those, but there may be many more like them. By Mr Nolan : I gave them to Mrs Warren on the 31st of December. By the Court : Beyond the dates of the coins I cannot otherwise identify them. At this stage Mr Finn said he should call the Clerk of the Court to prove a previous conviction of the prisoner for felony, which would take away the jurisdiction of the District Court. Mr Finn read from the Larceny Act, 1857, section 7. Mr Nolan said his learned friend had been misinstructed. The accused was convicted of misdemeanor only, for the fraudulent concealment of property, and not of felony. His Worship looked up the point of law, •and agreed with Mr Finn ; but on Mr Finn being satisfied that it was not necessary to proceed, the matter drop|x*d. To the question of Mr Finn, His Worship said he was satisfied that a ■ prluia fttcie cmc was made out against the prisoner, and committed him to take his trial at the criminal sittings of the District Court to be held in Gisborne, on Monday next. Bail was allowed in prisoner’s own recognizance of £2OO, and 2 sureties of £IOO each. H. E. WEBB V. J. P. COOPER. Claim, £2 Ba, fur printing and advertising. Defendant denied liability, protesting he did not order the goods, nor receive the newspaper; but the evidence fully proved to the contrary, excepting an item of 9s, and judgment was entered up fur the plaintiff, for £1 19s, with ■costs, £2.